Filling out an application for a commercial insurance policy is a drag, and the temptation is to rush through the process. After all, you have more important things to do, right? But the Appellate Decision recently reinforced the serious consequences of material misrepresentations or omissions in insurance applications. The case, Schibell Mennie & Kentos, LLC
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“Uninsurable” loss and the rules of construction
By Gene Killian on
Posted in Contract construction
Mea culpa. I haven’t written here in a while, because I’ve been focusing my creative juices on developing a new podcast about effective negotiation and communication skills. (Shameless plug: Please check it out! It’s called Station 4 Negotiation and it’s available on all of the major podcast platforms.) But I had to return to discuss…
Heightened pleading requirements for insurance claims in New Jersey
By Gene Killian on
Posted in Errors and Omissions
Regular readers of this blog know that I often whine about – er, raise persuasive points about – the recent trend in the courts (especially federal courts) to erode the longstanding pro-policyholder rules of insurance policy construction.
But the situation goes beyond that. The federal court here in New Jersey is now apparently heightening the…
Update: Insurance coverage for COVID-19 losses
By Gene Killian on
Posted in Business Interruption, Coronavirus
Mr. Trouble never hangs around,
When he hears this mighty sound,
“Here I come to save the day!”
That means that Mighty Mouse is on the way!
Yes sir, when there is a wrong to right,
Mighty Mouse will join the fight!
On the sea or on the land,
He’s got the situation well in…
The trouble with “no action” clauses
By Gene Killian on
Posted in Contract construction, Delay, Deny, Defend
I had a brief but interesting conversation with a couple of colleagues recently. The topic was so-called “no action” clauses in liability insurance policies. “No action” clauses try to create a “get out of jail free” card for the carrier, at least temporarily. A typical one reads: “You agree not to bring any action against…
Griggs and the Recalcitrant Carrier
By Gene Killian on
Back in the halcyon days of insurance coverage litigation (before many defense-oriented judges began to view themselves as Guardians at the Gate of the Insurance Industry), New Jersey courts would occasionally hand down landmark decisions to protect the policy-buying public from sharp practices by carriers. One of those decisions was Griggs v. Bertram, 88…
Update on COVID-19 Business Interruption Claims
By Gene Killian on
Posted in Business Interruption, Coronavirus
Very early on, our firm decided not to get involved in the COVID-19 business interruption coverage wars. Our reasons were simple.
First, we knew that the insurance industry would treat these claims as a threat to their very existence (or at least would say that to judges in an effort to dodge coverage). Therefore, the…
The sad state of the duty to defend in New Jersey
By Gene Killian on
Posted in Additional Insured, Duty to defend
I seriously don’t know why so many judges have seem to have such a difficult time applying insurance law. Don’t tell anyone, or coverage lawyers like me may have to reduce our hourly rates, but the whole body of insurance law really comes down to Four Simple Rules:
- Coverage provisions are supposed to be given
…
Are fraud claims covered by insurance?
By Gene Killian on
If you were born and raised in New Jersey like me, you’ve heard your share of New Jersey jokes from interlopers who think the entire state looks like the Turnpike near Newark Airport. (“What exit?” How wonderfully clever.) My response to these jokes is two-fold. First, trust me on this, we don’t like you, either.…
When Insurance Companies Won’t Settle
By Gene Killian on
I’ve been representing policyholders in insurance coverage litigation for 35 years, and I’m convinced that I’ll never understand the logic of insurance company claim departments. They settle cases that I think they might want to fight, and they fight cases tooth-and-nail that I think they really should settle. (Maybe it’s me.)
The carrier’s claim file…